TERMS AND CONDITIONS OF USE
Last updated: October 16, 2015
YOUR USE OF THE WEBSITE AND THE CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
2. Fees and Payments.
3. Limitations on Use; Third Party Communications.
3.2. Third Party Communications. Owner disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Owner assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with the Website or Content.
4. Intellectual Property Rights.
4.2 The Website may contain interactive areas which include, without limitation, blogs, bulletin boards and discussion boards (the “Interactive Areas”). You grant to Owner an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to the Website. Said license is without restrictions of any kind and without any payment, permission or notification due from Owner to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
4.4. You acknowledge and agree that your submission of Postings to the Website does not create any new or alter any existing relationship between you and Owner.
4.5. By submitting Postings to the Website, you acknowledge and agree that Owner may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Owner for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Owner.
5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Owner has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Owner reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. Owner will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to Owner regarding any alleged copyright infringement should be directed to Owner via email at: Studio@VictoriaLabalme.com.
5.1 Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
a) Your name, address, telephone number, and email address (if any);
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where on the Website the material that you claim is infringing may be found, sufficient for Owner to locate the material (e.g., the URL);
d) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
e) A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
f) Your electronic or physical signature.
5.2 Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide Owner with a written counter-notification containing the following information:
a) Your name, address, and telephone number;
b) A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
c) A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
d) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Owner may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
e) Your electronic or physical signature.
(c) Owner may deactivate any link(s) at its sole discretion.
7. No Solicitation. You shall not distribute on or through the Website any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Owner.
8. Advertisers. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Owner will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Registration. Certain sections of the Website may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Owner of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise. Owner does not permit a) anyone other than you to use or access the Content or sections of the Website requiring registration by using your name or password; or b) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Owner immediately by emailing [Studio@VictoriaLabalme.com].
10. Postings in Interactive Areas of the Website.
10.1. Postings to be Lawful. If you participate in Interactive Areas on the Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Owner may delete your Postings at any time for any reason or no reason without permission from you.
10.2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
10.3. Postings shall not contain protected health information. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Owner with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Owner discover that you have done so, Owner will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate Owner to actively screen the information that you provide.
10.4. No Monitoring of Postings. Owner has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Owner however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
10.5. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any unauthorized use of the Interactive Areas of the Website, its Content, or Postings is expressly prohibited.
11. Errors and Corrections. Owner does not represent or warrant that the Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Owner does not warrant or represent that the Content or Postings available on or through the Website will be correct, accurate, timely, or otherwise reliable. Owner may make improvements and/or changes to its features, functionality, Content or Postings at any time.
12. Third Party Content. Third party content (including, without limitation, Postings) may appear on the Website or may be accessible via links from the Website. Owner shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Owner. Further, information and opinions provided by present and future employees and agents of Owner in Interactive Areas are not necessarily endorsed by Owner and do not necessarily represent the beliefs and opinions of Owner.
13. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.
14. DISCLAIMER. THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWNER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
15. LIMITATION OF LIABILITY. OWNER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. OWNER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OWNER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND OWNER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.
17. Third Party Rights. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability) and 16 (Indemnification) are for the benefit of Owner and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.